Stopping Federal Agents from Flooding Homes with Toxic Chemical Weapons

This case challenges the federal government’s repeated and ongoing use of tear gas, smoke grenades, pepper balls, and other chemical munitions near—and directly into—a housing complex in Portland, Ore.

The plaintiffs include residents of Gray’s Landing, a 209-unit housing community located next to an Immigration and Customs Enforcement (ICE) facility, as well as the nonprofit housing provider REACH Community Development. Gray’s Landing is home to families, children, seniors, veterans, and people with disabilities. Many residents have serious health conditions, and the building was designed as a smoke-free, health-conscious residential community.

For months, federal officers from the U.S.Department of Homeland Security and its component agencies have repeatedly fired chemical munitions toward and around Gray’s Landing during protests near the ICE facility—despite the protests being largely non-violent and despite knowing that the chemicals regularly enter residents’ apartments. The toxins have flooded living spaces, hallways, and common areas, causing severe physical and psychological harm, including respiratory distress, chest pain, dizziness, panic attacks, PTSD episodes, and repeated emergency medical visits. Residents report being forced to seal their homes, wear gas masks indoors, and avoid using their own living spaces.

Democracy Forward represents the plaintiffs alongside Protect Democracy, Jacobson Lawyers Group PLLC, and Bradley Bernstein Sands LLP. The lawsuit seeks a preliminary injunction to immediately block DHS and federal officers from deploying chemical munitions in ways that predictably expose Gray’s Landing residents to toxic substances.

The plaintiffs argue that the government’s conduct violates the Fifth Amendment by infringing on residents’ rights to bodily integrity, personal security, freedom of movement, and the safe use and enjoyment of their homes. The filing explains that tear gas and similar chemical agents are designed to cause physical harm, are banned in warfare, and are especially dangerous when used near homes and enclosed spaces. Federal officials knew these chemicals were entering residential apartments and continued using them, demonstrating deliberate indifference to foreseeable and ongoing harm.

The lawsuit asks the court to immediately stop further use of chemical munitions near Gray’s Landing while the case proceeds, to prevent additional irreparable injury to residents and the community.